Nassau County Pedestrian Accident Attorney

A Six-Figure Settlement for a Jogger Struck by a Motor Vehicle

When a vehicle hits someone on foot, urgent medical needs can quickly give way to questions about missed work, mounting expenses, insurance coverage, and fault. A claim may involve two distinct paths: securing New York no-fault benefits and pursuing the party responsible for the collision. We evaluate both, along with whether the injuries meet New York’s serious-injury threshold for a pain and suffering claim.

Our documented case arose from a collision on Jericho Turnpike. Although every outcome depends on the evidence, the result reflects our experience addressing the legal and medical issues these cases present. Acting promptly can also help preserve photographs, witness accounts, surveillance footage, and vehicle information.

When a Driver May Be Liable

A driver may be liable for failing to yield, turning into a pedestrian’s path, speeding, driving while distracted, backing up without adequate care, or operating a vehicle while impaired. These collisions can occur in crosswalks, parking lots, driveways, roadway shoulders, and other places where drivers and pedestrians cross paths. Depending on the facts, a vehicle owner or another responsible party may also be pursued.

New York Vehicle and Traffic Law § 1151 addresses a driver’s duty to yield to a pedestrian within a crosswalk when traffic-control signals aren’t present or operating, subject to statutory exceptions. New York Vehicle and Traffic Law § 1146 separately requires drivers to exercise due care to avoid colliding with pedestrians on a roadway.

Evidence That May Establish Fault

Fault rarely turns on one detail. The analysis may consider the driver’s conduct, the pedestrian’s actions, right of way, traffic signals, sight lines, electronic evidence, and accident reconstruction when appropriate. A collision outside a marked crosswalk doesn’t automatically eliminate a potential claim.

Important evidence may include:

• Photographs of the scene, vehicle damage, traffic controls, and visible injuries
• Witness names, statements, and contact information
• Police reports and identifying information for the driver and vehicle owner
• Surveillance, dashboard-camera, or other video footage
• Medical records connecting the collision to diagnosed injuries
• Visibility, lighting, weather, and roadway conditions

Injuries & Compensation After a Pedestrian Collision

Without a vehicle frame or seat belt for protection, someone on foot may suffer fractures, traumatic brain injuries, spinal damage, internal injuries, soft-tissue injuries, or amputation. A fatal collision may support a wrongful death claim brought by the legally authorized representative of the deceased person’s estate.

Recoverable losses depend on the injuries, available coverage, and supporting documentation. A claim may account for medical and rehabilitation expenses, lost earnings, reduced ability to work, transportation costs, household assistance, and other collision-related losses. Compensation for pain and suffering generally requires proof that an injury meets New York’s serious-injury threshold, a statutory standard based on the nature and extent of the injury.

New York No-Fault Benefits for Injured Pedestrians

New York no-fault insurance, also called Personal Injury Protection, can provide basic benefits without requiring the injured person to prove who caused the collision. A pedestrian generally submits the claim to the insurer of the vehicle that struck them. Benefits can include medical expenses, a portion of lost earnings, and certain reasonable and necessary costs, subject to legal and policy limits.

Written notice is generally due within 30 days. An insurer may accept a late submission when there is clear justification for the delay, but prompt action remains important even while fault is under investigation.

No-fault benefits and a liability claim serve different purposes. The first covers defined economic losses, while the second seeks compensation from a responsible party and may include pain and suffering when the legal requirements are met. An uninsured vehicle, a hit-and-run collision, an unidentified driver, or access to a household auto policy can raise additional coverage questions that require a fact-specific review.

How We Build the Evidence & Damages Record

Developing a claim may require reviewing police and medical records, witness accounts, photographs, vehicle damage, insurance policies, surveillance footage, and traffic controls. Medical documentation is particularly important because it establishes diagnoses, treatment, work restrictions, and how an injury progresses over time.

The legal process can include identifying available coverage, assessing liability, documenting current and anticipated losses, negotiating with insurers, and filing a lawsuit when appropriate. We develop a strategy around the evidence and remain prepared to pursue a resolution through negotiation or courtroom litigation.

Trial-Ready Representation for Injured Pedestrians

At Collins McCloskey Gann PLLC, we have represented clients in New York personal injury matters since 1990. Our attorneys bring more than 80 years of collective experience. Our reported case results include a seven-figure motor vehicle accident settlement as well as the six-figure jogger settlement.

We have recovered tens of millions of dollars for clients across our practice areas. We also hold an AV Preeminent® Peer Review Rating™ and have received the Martindale-Hubbell® Platinum Client Champion award. Prior results don’t predict a particular outcome, so we prepare each case according to its evidence, available coverage, and the client’s goals.

Request a Free Consultation

A free initial consultation gives you an opportunity to discuss the collision, your injuries, available insurance, and possible next steps. Contact us promptly if evidence may be lost, an insurer disputes coverage, or the driver left the scene.

We represent personal injury clients throughout New York with personalized, results-driven advocacy backed by decades of litigation experience.